We are buying a 1 bedroom apartment in Castle Vale with a mortgage. We wish to retain our Castle Vale lawyer, but the mortgage company advise she’s not on their "panel". It seems we have no choice but to instruct one of the mortgage company panel firms or continue with our Castle Vale lawyer as well as pay for one of their panel firms to represent them. This seems very unfair; are we not able to demand that the bank use our Castle Vale lawyer ?
Unfortunately,no. Your mortgage offer is subject to its terms and conditions, one of which will be that lawyers will on the lender’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. Another option that might be available is for your Castle Vale conveyancing lawyer to apply to be on the conveyancing panel.
The owners of the home we are purchasing have instructed a conveyancing firm in Castle Vale who has recommended a preliminary contract with a payment two thousand pounds. Are such contracts appropriate for Castle Vale conveyancing transactions?
Exclusivity agreements are contracts between a home owner and prospective acquirer giving the buyer the sole right to the sale of the premises within a prescribed time frame. For all intents and purposes, a lock out is a document stating that you should receive a contract at a later date being the contract for the actual sale. It is generally utilised for buyer protection though in some cases, the vendor may enjoy an upside from such agreements as well. There are many pros and cons to having them but you need to check with your lawyer but note that it may result in incurring extra in conveyancing charges. For this these agreements are avoided in relation to conveyancing in Castle Vale.
Completed the sale of my flat in Castle Vale last April but our buyer keeps telephoning every few hours complaining that his lawyer is waiting to hear from mysolicitor. What are the post completion sale legalities now that I have sold?
Following your house sale your conveyancer is obliged to send the transfer deeds and all of the paperwork to the purchaser's conveyancer. If applicable, your conveyancer must also send confirmation that the legal charge in favour of the lender has been repaid to the buyers lawyers. There is unlikely to be post completion requirements unique to conveyancing in Castle Vale.
Do I choose a Licenced Conveyancer or Solicitor for conveyancing in Castle Vale?
There are many registered licenced Conveyancers in Castle Vale and Solicitor practices in Castle Vale to choose from We would stress that the two are regulated professionals specialising in the legal aspects of transferring property. They may both also handle other property legal work such as remortgage conveyancing, lease extensions and transfer of equity conveyancing.
It is unclear whether my lender obliges me to make sure the lease term for the flat is extended prior to the completion date. I have called into my local Castle Vale bank branch on various occasions and was told it does not impact the mortgage offer and they would lend. My Castle Vale conveyancing solicitor - who is on the mortgage company conveyancing panel- telephoned to say that they would not lend based on their published requirements. Who do I believe?
As long as the property lawyer is on the bank panel, they must adhere to the Council of Mortgage Lenders’ Handbook specifications for the lender. Unless your lawyer obtains specific confirmation in writing that the lender will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the lender to contact your lawyer in writing confirming that they will accept the number of years left on the lease.
I've read lots of mortgage guides, I note that they all recommend that you should get your house surveyed prior to buying it. When I asked my local Castle Vale solicitor - who is on the Leeds Building Society conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. Is that normal?
Leeds Building Society will need an independent valuation of the property. Your lawyer will not arrange this. Usually Leeds Building Society will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. Your solicitor will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your Castle Vale postcode. As you are getting a mortgage with Leeds Building Society, you could contact them to see if they have a list of approved surveyors in Castle Vale.
My husband and I are FTB’s - agreed a price, yet the estate agent advised that the vendor will only issue a contract if we use their recommended solicitors as they want a ‘quick sale’. Our preferred option is to instruct a high street conveyancer with experience of conveyancing in Castle Vale
It is unlikely the sellers are behind this. If they require ‘a quick sale', turning down a genuine buyer is likely to cause more damage than good. Try to communicate with the sellers directly and make the point that (a)you are keen to buy (b)you are ready to go, with finances in place © you are chain free (d) you intend to proceed fast (e)but you intend to appoint your own,trusted Castle Vale conveyancing solicitors - not the ones that will provide their negotiator at the agency a kickback or meet his conveyancing thresholds demanded by corporate headquarters.